Everything you need to know about Uttar Pradesh’s “Love jihad” law

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Uttar Pradesh Cabinet has recently passed an ordinance against forceful inter-faith conversions also called ‘Love jihad’. Similar bills have been introduced or implemented in other states in India.

It is believed that this law would be vigorously implemented in Uttar Pradesh than in any other state. The Uttar Pradesh State Law Commission had proposed a similar law in 2019 before the Chief Minister, due to rising incidents of forced religious conversions or conversions through fraudulent ways. Now that other states have brought Into force similar laws,Uttar Pradesh has geared up for its implementation.

This issue of forced conversions or Love jihad has been on UP Chief Minister Yogi Adityanath’s agenda even before he became chief Minister of Uttar Pradesh and is considered close to his heart. Even though Bhartiya Janta Party did not mention the word “love-jihad” in its poll agenda in state assembly elections, Yogi Adityanath,  as Gorakhpur MP, never shied away from being vocal about it. His outfit, “Hindu Yuva Vahini”, had actively worked to check alleged religious conversions in eastern Uttar Pradesh.

He has called out this practice at various occasions. During the time of a rally in Kerala in 2017, he termed it as “dangerous trend. He was also the first CM to tell his officers to bring in a law to control incidents of “love jihad” in August, 2020.

Increased incidents of Love jihad has been reported from various states. In a case that triggered the decision, a group of parents from a particular locality in Kanpur had met senior police officials with a complaint that their daughters are being allegedly trapped by Muslim men and are now seeking their help to free themselves. Later, a Special Investigating Team was formed to look into the allegations. In some cases though, girls refused to accept that they were lured into marriage. There were incidents reported from other districts like Lakhimpur Kheri.

The proposed law passed by the Uttar Pradesh Cabinet defines punishment and fine under three different heads. Those found guilty of conversion done though “misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means” in contravention of the law would face jail term of one to 5 years, and a minimum fine of Rs 15,000.

In case, such conversion is of a minor, a woman from the Scheduled Caste or Scheduled Tribe, then those found guilty would have to face a jail term from three to 10 years, with a minimum fine of Rs 25,000.

On the other hand, if such conversion is found at the mass level, then those guilty would face jail term from three to 10 years, with a minimum fine of Rs 50,000.

In an another significant provision, the proposed law termed as “Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adyadesh 2020” (prohibition of unlawful religious conversion), proposes among other things that a marriage will be declared “shunya” (null and void) if the “sole intention” of the same is to “change a girl’s religion”.

Under the new proposed law, a person who wants to convert into another religion must have to give it in writing to the Distric Magistrate at least two months prior. The government then shall create a format for the application and the individual has to fill the application for conversion in that format. Under the new law, it would be the responsibility of the one going for the religious conversion to prove that it is not taking place forcefully or with any fraudulent means. In case, any violation is found under this provision, then one faces a jail term from 6 months to 3 years and fine of minimum Rs 10,000.